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NAVY | BCNR | CY2009 | 09253-09
Original file (09253-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

DIC
Docket No. 9253-093
17 Feb 10

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy

Sub} : ee ™ a a ICO

Ref: {a} Title 10 U.S.C. 1552

Encl: {1) DD Form 149 w/attachments
{2} NPC Memo 1530 SER N133D/000383 dtd 4 Feb 10
(3) Subject’s naval record

1. Pursuant to, the provisions of reference (a} Subject, hereinafter
referred to as Petitioner, filed enclosure (1) with this Board
requesting, in effect, that the applicable naval record be corrected
to show he reenlisted.

2, The Board, consisting of Mr. Exnicios, Mr. Zsalman, and

Mr. George, reviewed Petitioner’s allegations of error and injustice
on 16 February 2010 and, pursuant to its regulations, determined that
the corrective action indicated below should be taken on. the available
evidence of record. Documentary material considered by the Board
consisted of the enclosures, naval records, and applicable statutes,
regulations and policies.

°3, The Board, having reviewed all the facts of record pertaining to

Petitioner’s allegations of error and injustice, finds as follows:

a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and regulations

within the Department of the Navy.

b. In correspondence attached as enclosure (2), the office
having cognizance over the subject matter addressed in Petitioner’s
application has commented to the effect that the request has merit and

warrants favorable action.

CONCLUSION

Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (2), the Board finds
the existence of an injustice warranting the following corrective

action.
Docket No. 9253-09
RECOMMENDATION:

That Petitioner’s naval record be corrected, where appropriate, to
show that:

a. The Petitioner was discharged on 22 September 1996 and
reenlisted, on 23 September 1996. The term is 6 years.

b. This change will entitle the member to a zone “A” SRB with an
award level of 4.5 for NEC 3385.

ec. The Petitioner's previous zone "B" SRB payment should be
adjusted to reflect recent zone "A" entitlement.

d. The Petitioner was discharged on 28 May 2001 and reenlisted,;
on 29 May 2001. The term is 6 years.

e. This change will entitle the member to a zone “B” SRB with an
award level of 6.5 for NEC 3395. Remaining obligated service to
22 September 2002 will be deducted from SRB computation.

f. The Petitioner's previous zone "C" SRB payment should be
adjusted to reflect recent zone "B" entitlement.

g. The Petitioner was discharged on 30 November 2006 and
reenlisted, on 1 December 2006. The term is 4 years.

h. This change will entitle the member to a zone “C” ESRP with
an award level of 8.0 for NEC 3395. Remaining obligated service to
28 May 2007 will be deducted from ESRP computation.

i. The.Petitioner's previous zone "D" ESRP payment should be
adjusted to reflect recent zone "C" entitlement.

j. The 5 month agreement to extend enlistment (NAVPERS
1070/621), operative on or about 1 December 2009, is null and void.

k. The Petitioner was discharged on 3 April 2009 and reenlisted,
on 4 April 2009. The term is 4 years.

1. This change will entitle the member to a zone “DY” ESRP with
an award level of 1.5 for NEC 3395. Remaining obligated service to
30 November 2010 will be deducted from ESRP computation.

m. DFAS, contact CNO (N133D) at (703) 695-1276/3301 i1£ you
require assistance in the ESRP contract calculations and adjustments
for immediate and future fiscal year payments.

n. A copy of this Report of Proceedings will be filed in
Petitioner’s naval record.
Docket No. 9253-09
4. It is certified that quorum was present at the Board‘’s review and

deliberations, and that the foregoing is a true and complete record of
the Board’ s proceedings in the above entitled matter.

[sll 42

ROBERT D. ZSALMAN WILLIAM J. HESS, II
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section 6(e)

of the revised Procedures of the Board for Correction of Naval Records
(32 Code of Federal Regulations, Section 723.6{(e)) and having assured

compliance with its provisions, it is hereby announced that the
foregoing corrective action, taken under the authority of reference

(a), has been approved by the Board on behalf of the Secretary of the
. Navy.

17 Feb 10

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